Bar Council Full Model Test 10 English

Bar Council Full Model Test 10 (English)

Bangladesh Bar Council Preliminary Full Model Test 10

Total Questions: 100 | Full Marks: 100 | Time: 60 Minutes | Negative Marking: -0.25

Subject-wise Marks Distribution: CPC 20, SR Act 10, CrPC 20, Penal Code 20, Evidence Act 15, Limitation Act 10, Legal Ethics & Bar Council Rules 5.

1 / 100

Which of the following is correct regarding Section 94?

A) Both (a) and (b)

B) A person is excused for acts under fear of instant death, except murder and offences against the state punishable with death

C) None of the above

D) Menace of future death is sufficient

2 / 100

Under Section 97 of the Penal Code, every person has a right to defend:

A) None of the above.

B) His own body and the body of any other person against any offence affecting the human body.

C) His own body only.

D) Only the body of his blood relatives.

3 / 100

Which of the following is a valid condition regarding the right of private defence?

A) All of the above.

B) It is not available if there is sufficient time to have recourse to public authorities.

C) More harm than necessary should not be caused.

D) There must be a reasonable apprehension of death, grievous hurt, or damage to property.

4 / 100

Section 27A applies to contracts to lease executed after which date?

A) First day of July, 1872

B) First day of January, 1908

C) First day of May, 1877

D) First day of April, 1930

5 / 100

Who is eligible to vote in the Bar Council elections?

A) Enrolled advocates on the voter list

B) Only Supreme Court advocates

C) All law students

D) All citizens

6 / 100

Under Section 30, the provisions of Chapter II apply to awards and to directions in a will to execute a particular settlement.

A) True, only for immoveable property

B) True

C) False

D) False, only contracts

7 / 100

According to Section 28, what happens to a person's right to property at the determination of the period limited for instituting a suit for possession?

A) It is suspended

B) It is transferred to the government

C) He must pay a fine to retain it

D) His right to such property shall be extinguished

8 / 100

Under proviso 4 to section 92 of Evidence Act, oral evidence is admissible in cases

A) where the contract has been registered under the law of registration of documents

B) all the above

C) where the contract has been written voluntarily & not required by laws to be so written

D) where the law required the contract to be in writing

9 / 100

If a person commits a non-cognizable offence in the presence of police and refuses to give his true name and residence, he can be arrested in order to:

A) Ascertain his name or residence

B) Punish him

C) Extort a confession

D) Hold him indefinitely

10 / 100

Section 92 of Evidence Act applies to

A) bilateral documents

B) unilateral documents

C) either (a) or (b)

D) both (a) & (b)

11 / 100

Can a police officer use Section 54 to arrest a person for the purpose of preventive detention under any law?

A) Yes

B) Only during elections

C) No

D) Only with SP's approval

12 / 100

Under Section 94, a person is not liable for an act done under:

A) All of these

B) Fear of grievous hurt

C) Fear of instant death

D) Fear of simple hurt

13 / 100

Burden of proof

A) substantially determines the right to begin

B) only (c) & not (a) or (b)

C) partially determines the right to begin

D) wholly determines the right to begin

14 / 100

Every person has the right to defend his own or another's property against acts constituting:

A) Theft, robbery, mischief or criminal trespass, or attempts of these.

B) Theft and robbery.

C) Theft, mischief and extortion.

D) Theft, robbery and mischief.

15 / 100

Mistake referred to in proviso 1 to section 92 of Evidence Act refers to

A) only (b) not (a)

B) both (a) & (b)

C) mutual mistake

D) unilateral mistake

16 / 100

A surgeon in good faith communicates to a patient that he cannot live. The patient dies of shock.

A) A is liable for abetment

B) A is liable for culpable homicide

C) A is liable for attempt

D) A has committed no offence (Section 93)

17 / 100

If a person unlawfully approaches with a gun to kill another:

A) Both the attacker and the intended victim have the right of private defence.

B) Only the intended victim has the right of private defence.

C) Only the attacker has the right of private defence.

D) Neither has the right of private defence.

18 / 100

Can an advocate present false evidence on behalf of their client?

A) No, it's professional misconduct

B) Yes, for a high fee

C) Only in civil cases

D) Yes

19 / 100

Does a police officer have the power to arrest without warrant someone found possessing implements of house breaking without lawful excuse?

A) Only with a Magistrate's order

B) Only at night

C) No

D) Yes

20 / 100

Burden of proof is lightened by

A) admissions

B) estoppels

C) all the above

D) presumptions

21 / 100

When an article is seized during a search of an arrested person, a copy of the seizure list must be:

A) Sent to the newspaper

B) Kept secret

C) Served to the arrested person or their nominee

D) Mailed to the High Court

22 / 100

Under Section 54, a police officer may arrest without a warrant any person who:

A) Is involved in a civil dispute

B) Disagrees with the police

C) Commits a non-cognizable offence in their presence

D) Has been proclaimed as an offender

23 / 100

In territories where the Easements Act, 1882 extends, do Sections 26 and 27 of the Limitation Act apply?

A) At the judge's discretion

B) Yes

C) Partially

D) No, they shall not apply

24 / 100

What kind of body is the Bar Council regarding acquiring and transferring property?

A) Partnership firm

B) Body Corporate having perpetual succession

C) Cooperative Society

D) Trust

25 / 100

Under proviso 2 to section 92 of Evidence Act oral evidence is admissible

A) where the instrument is silent on the matter sought to be proved and the agreement to be proved is consistent with the terms of the document

B) where the instrument is silent on the matter sought to be proved and the agreement to be proved is inconsistent with the terms of the document

C) all the above

D) where the instrument provides for the matter sought to be proved and the agreement sought to be proved is consistent with the terms of the document

26 / 100

When a special law prescribes a different limitation, which sections of the Limitation Act apply (unless expressly excluded)?

A) Only Section 5

B) All sections

C) Section 4, Sections 9 to 18, and Section 22

D) None of the sections

27 / 100

Rescission of a contract may be adjudged where a decree for specific performance has been made, and the purchaser makes default in payment.

A) Only if moveable property

B) False

C) Only if oral

D) True

28 / 100

Which of the following is true as to the standard of proof in criminal & civil proceedings

A) In criminal & civil proceedings both it is "upon the balance of probabilities"

B) In criminal proceedings the standard is beyond reasonable doubt while in civil proceedings it is "upon the balance of probabilities"

C) In criminal proceedings it is "upon the balance of probabilities" while in civil "beyond reasonable doubt"

D) In criminal proceedings the standard is beyond reasonable doubt and also in civil proceedings

29 / 100

Persons specially appointed by order of the Government to prosecute/defend on behalf of a Foreign Ruler shall be deemed to be (Section 85):

A) Recognized agents

B) Diplomatic envoys

C) Public Officers

D) Amicus Curiae

30 / 100

If a decree against the Government is not satisfied within the time specified, the Court shall (Section 82):

A) Attach Government bank accounts

B) Report the case for the orders of the Government

C) Order immediate arrest of the Secretary

D) Dismiss the public officer

31 / 100

Every police officer arresting any person without warrant shall, at the time of making the arrest:

A) Interrogate him on the spot

B) Communicate to him the reasons for which he is arrested

C) Blindfold the person

D) Remain silent

32 / 100

Who determines the procedure to be followed when the Court or Legal Aid Officer mediates (Section 89A)?

A) The Supreme Court

B) The Court or Legal Aid Officer

C) The pleaders

D) The parties

33 / 100

A Court of Additional District Judge shall have all the powers of the District Judge under Section 115(2) in respect of revision cases which may be:

A) Transferred to it by the District Judge

B) None of the above

C) Filed directly to him

D) Transferred by the High Court

34 / 100

If an offence is committed in the PRESENCE of a Magistrate within his local jurisdiction, he may:

A) Ignore it

B) Himself arrest or order any person to arrest the offender

C) Only call the police

D) Write a report and send it to the Government

35 / 100

Does an appeal lie from a decree passed by the Court with the consent of parties (Section 96)?

A) No

B) Only on a point of law

C) Yes

D) Only to the Appellate Division

36 / 100

Who prepares the panel of mediators under Section 89A(10)?

A) The Chief Justice

B) The Ministry of Law

C) The Attorney General

D) The District Judge in consultation with the President of the District Bar Association

37 / 100

The Court of District Judge may call for the record of a proceeding passed by a Joint District Judge if there is an error of law occasioning (Section 115):

A) Failure of justice

B) Contempt of court

C) Procedural delay

D) Financial loss

38 / 100

Which of the following is a power of the Appellate Court (Section 107)?

A) To determine a case finally

B) All of the above

C) To remand a case

D) To take additional evidence

39 / 100

The maxim 'De minimis non curat lex' means:

A) None of the above

B) The law takes no account of acts of the insane

C) The law takes no account of acts of a child

D) The law takes no account of trifles

40 / 100

For an appeal to the Appellate Division under Section 109(a) and (b), the amount or value of the subject-matter must be (Section 110):

A) 20,000 Taka or upwards

B) 50,000 Taka or upwards

C) 5,000 Taka or upwards

D) 10,000 Taka or upwards

41 / 100

Which of the following statements is correct regarding Private Defence?

A) Nothing is an offence which is done in the exercise of the right of private defence

B) Both (a) and (b)

C) Mere use of abusive language does not give rise to private defence

D) None of the above

42 / 100

The test of ascertaining on which side the burden of proof lies is contained in

A) section 100 of Evidence Act

B) section 103 of Evidence Act

C) section 101 of Evidence Act

D) section 102 of Evidence Act

43 / 100

A surgeon in good faith tells a patient he cannot live. The patient dies of shock.

A) He is within the exception (Section 93)

B) He is guilty of causing death

C) He is not within the exception

D) None of the above

44 / 100

Which of the following are considered 'trifles' under Section 95?

A) Taking valueless pods from a tree on govt. wasteland

B) Dipping a pen in another man's inkpot

C) Both (a) and (b)

D) None of the above

45 / 100

A sells a field to B. There is a right of way over the field which A knows but conceals from B. Is B entitled to have the contract rescinded?

A) Yes

B) Only if A agrees

C) Only if B pays compensation

D) No

46 / 100

A communication causing harm is no offence if made:

A) None of the above

B) In good faith

C) For the benefit of the person

D) Both (a) and (b)

47 / 100

Who appoints the Secretary of the Bangladesh Bar Council?

A) Chief Justice

B) Chairman of Bar Council

C) Government of Bangladesh

D) Executive Committee

48 / 100

Under Section 37, a plaintiff suing for specific performance may pray in the alternative that if it cannot be enforced, it may be:

A) Transferred to another court

B) Modified arbitrarily

C) Rescinded and delivered up to be cancelled

D) Assigned to a third party

49 / 100

The right of private defence of property extends to defending:

A) Movable property only.

B) None of the above.

C) Both movable and immovable property.

D) Immovable property only.

50 / 100

Extrinsic evidence to show the meaning or supply the defects in an instrument, is prohibited under section 93, in respect of

A) both (a) & (b)

B) ambiguitas latens

C) only (b) & not (a)

D) ambiguitas patens

51 / 100

For the purpose of rectifying a contract in writing, the Court must be satisfied that all parties intended to make an:

A) Unregistered deed

B) Equitable and conscientious agreement

C) Oral agreement

D) Exact copy

52 / 100

If the mediation under Section 89A fails to produce a compromise, the Court shall:

A) Send it to arbitration

B) Force a settlement

C) Dismiss the suit

D) Proceed with hearing from the stage at which the suit stood before the decision to mediate

53 / 100

Specific performance cannot be enforced against a party if his assent was obtained by misrepresentation, concealment, or unfair practices.

A) Only if wilful

B) Only if immoveable property

C) False

D) True

54 / 100

A police officer making an arrest without warrant shall take or send the person without unnecessary delay to:

A) A Magistrate having jurisdiction or the officer in charge of a police-station

B) A hospital

C) The High Court

D) The nearest jail

55 / 100

The want or failure of consideration as contemplated under proviso 1 to section 92 of Evidence Act invalidating a document

A) is a complete want or failure

B) may be complete or may be partial want or failure

C) is a substantial want or failure

D) is a partial want or failure

56 / 100

Which of the following statements is correct?

A) Right of private defence is not available to the aggressor.

B) Both (a) and (b).

C) Right of private defence is available in a free fight.

D) None of the above.

57 / 100

If a subordinate police officer is deputed to make an arrest without a warrant, he must be given:

A) A verbal order only

B) A blank check

C) Extra weapons

D) An order in writing specifying the person and offence

58 / 100

Match the following: 1. De minimis non curat lex, 2. Volenti non fit injuria, 3. Delirium tremens

A) 1-A, 2-B, 3-D

B) 1-Sec. 95 (Trifles), 2-Sec. 87 (Consent), 3-Sec. 85/86 (Intoxication)

C) 1-C, 2-B, 3-D

D) 1-D, 2-A, 3-C

59 / 100

Can a PRIVATE person arrest someone?

A) Only if they have a gun

B) Never

C) Yes, if the person commits a non-bailable and cognizable offence in their view

D) Yes, for any minor traffic violation

60 / 100

To arrest someone without a warrant based on a reasonable suspicion for an offence punishable with LESS than 7 years, the police officer must:

A) Do nothing special

B) Record his reasons in writing while making the arrest

C) Get oral permission from a Magistrate

D) Inform the media

61 / 100

Does the Limitation Act, 1908 apply to suits under the Divorce Act (Section 29(3))?

A) Only for property settlements

B) No, nothing in this Act applies to suits under the Divorce Act

C) Only for child custody

D) Yes, fully

62 / 100

Any offensive weapons found on an arrested person shall be:

A) Destroyed immediately

B) Kept by the arresting officer

C) Given back to the person's family

D) Delivered to the Court or officer before whom the person is produced

63 / 100

Does Section 28 extinguish the right itself or merely bar the remedy?

A) Extinguishes the right to such property

B) Converts it to a tenancy

C) Merely bars the remedy

D) Creates a new right

64 / 100

Under Section 94, a person is excused for acts done under fear of instant death EXCEPT:

A) Murder and rape

B) Murder and grievous hurt

C) Murder and dacoity

D) Murder and offences against the state punishable with death

65 / 100

Does an appeal lie to the Appellate Division from the decree of one Judge of the High Court Division (Section 111)?

A) Yes, if it is a criminal matter

B) Yes

C) No

D) Yes, if value is above 20,000 Taka

66 / 100

Match the meanings: 1. De minimis non curat lex, 2. Delirium tremens, 3. Volenti non fit injuria

A) 1-C, 2-B, 3-A

B) 1-C, 2-A, 3-B

C) 1-B, 2-C, 3-A

D) 1-Law takes no account of trifles, 2-Alcoholic disease, 3-Consenters suffer no injury

67 / 100

Who appoints the members of the Rule Committee (Section 123)?

A) The President

B) The Minister of Law

C) The Chief Justice

D) The Prime Minister

68 / 100

Who may institute a suit to have an instrument rectified under Section 31?

A) Only the government

B) Either party, or his representative in interest

C) Any stranger

D) Only a registered lawyer

69 / 100

Can a contract in writing be first rectified and then specifically enforced?

A) Yes, if prayed in plaint and Court thinks fit

B) Only in criminal courts

C) Only if defendant agrees

D) No

70 / 100

Oral evidence of a fact invalidating the document is admissible

A) under proviso 2 to section 92 of Evidence Act

B) under proviso 1 to section 92 of Evidence Act

C) under proviso 4 to section 92 of Evidence Act

D) under proviso 6 to section 92 of Evidence Act

71 / 100

Can a High Court Division order a decree to be executed BEFORE the amount of costs incurred can be ascertained by taxation (Section 118)?

A) Only if the Government is a party

B) Only for foreign decrees

C) Yes

D) No

72 / 100

Burden of proof under section 101 of Evidence Act

A) may shift

B) never shifts

C) both (b) & (c) are correct

D) goes on shifting as the trial proceeds

73 / 100

(Illustration) A enjoys right of way over B's land for 25 years. But for 10 of those years, C (a Hindu widow) had a life interest. Does A have an absolute easement if B contests within 3 years of C's death?

A) The court will divide the right

B) Yes, if A paid C

C) No, because 10 years are excluded, leaving only 15 years of valid enjoyment

D) Yes, 25 > 20

74 / 100

Burden of proof means

A) both (a) & (b)

B) the burden of proof as to introduction of evidence

C) only (b) & not (a)

D) the burden of proof as a matter of law & pleadings is burden of establishing a case

75 / 100

Burden of introducing evidence under section 102 of Evidence Act

A) only (a) and not (b) or (c)

B) occasionally shifts

C) constantly shifts

D) never shifts

76 / 100

Once the true name and residence of a person arrested under Section 57 are ascertained, he shall be:

A) Handed over to the military

B) Sent to prison

C) Released on executing a bond

D) Beaten

77 / 100

Who appoints the Secretary to the Rule Committee?

A) The Chief Justice

B) The Government

C) The President

D) The District Judge

78 / 100

A suit regarding a breach of trust created for public charities may be instituted by (Section 92):

A) The Attorney General, or two or more persons having an interest with the AG's written consent

B) A foreign state

C) The Police

D) Any one person

79 / 100

Which of the following is correct?

A) Both (a) and (b)

B) Murder committed under threat of instant death is not excused

C) Murder does not include abetment of murder

D) None of the above

80 / 100

When searching an arrested person, what is NOT placed in safe custody by the police?

A) Cash

B) Necessary wearing-apparel (clothes)

C) Jewelry

D) Mobile phones

81 / 100

If a person obstructs a police officer while in the execution of his duty, can he be arrested without a warrant?

A) Only if he injures the officer

B) No

C) Only if he uses a weapon

D) Yes

82 / 100

Under Section 27, within how many years after the determination of the life interest must the reversioner resist the claim?

A) One year

B) Twelve years

C) Three years

D) Two years

83 / 100

Does the Court or Legal Aid Officer charge any fee for mediation under Section 89A?

A) Yes, 5% of suit value

B) Yes, 1000 Taka

C) Only travel expenses

D) No, they shall not charge any fee

84 / 100

Can a police officer pursue a person into any place in Bangladesh to arrest them without a warrant under Chapter V?

A) No, only within their own district

B) Only during daylight

C) Only with a passport

D) Yes

85 / 100

Within how many days must the parties inform the Court whom they have appointed as mediator under Section 89A?

A) 15 days

B) 10 days

C) 30 days

D) 7 days

86 / 100

Can a police officer arrest someone without a warrant if they reasonably suspect the person is a deserter from the armed forces?

A) No

B) Only military police can do this

C) Only in wartime

D) Yes

87 / 100

According to Section 29(1), nothing in the Limitation Act shall affect Section 25 of which Act?

A) The Penal Code, 1860

B) The Transfer of Property Act, 1882

C) The Contract Act, 1872

D) The Evidence Act, 1872

88 / 100

Under Section 89A(2), can pleaders appoint a person holding an office of profit in the service of the Republic as a mediator?

A) Only military officers

B) No

C) Yes

D) Only if the judge agrees

89 / 100

If any special law prescribes a different period of limitation, how does Section 3 apply?

A) The High Court decides

B) Section 3 does not apply

C) The special law is void

D) It applies as if the period were prescribed in the first schedule of the Limitation Act

90 / 100

An officer in charge of a police-station may arrest vagabonds or persons who have no ostensible means of:

A) Subsistence

B) Transportation

C) Entertainment

D) Communication

91 / 100

Which of the following acts is NOT regarded as a trifle under Section 95?

A) Harm to reputation by imputing ticketless travel

B) All of the above are trifles

C) Assault by covering someone with dust while riding past

D) Theft of a valueless cheque

92 / 100

Under section 92 of Evidence Act oral evidence to explain the real nature of the transaction is admissible

A) where the document records all the terms of the contract

B) where the document does not record all the terms of the contract

C) where the documents is complete in itself

D) all the above

93 / 100

An appeal shall lie to the Appellate Division from a final order passed by the High Court Division if (Section 109):

A) The amount is exactly 10,000 Taka

B) It involves an interpleader suit

C) It is an ex parte decree

D) It is certified to be a fit one for appeal

94 / 100

Whenever it is necessary to search a woman, the search shall be made by:

A) A Magistrate

B) A male doctor

C) Any police officer

D) Another woman, with strict regard to decency

95 / 100

If a purchaser in a specific performance suit is in wrongful possession of the subject-matter, the Court may also order him to pay:

A) Double the property value

B) Rents and profits received by him

C) Life imprisonment

D) Criminal fines

96 / 100

A man was cutting the throat of his wife. Their son shot and killed the father to save his mother. What is the son's liability?

A) The son is guilty of murder as private defence only applies to one's own body.

B) The son is not entitled to the benefit of Section 96.

C) The son is entitled to the benefit of the right of private defence.

D) The son is guilty of culpable homicide.

97 / 100

If the Attorney General is absent, who presides over a Bar Council meeting?

A) Senior member present

B) Vice-Chairman

C) Chairman of Tribunal

D) Law Secretary

98 / 100

In lieu of issuing a commission, the Court may issue a "letter of request" to examine a witness residing (Section 77):

A) In the same district

B) In a military base

C) At any place not within Bangladesh

D) In Dhaka

99 / 100

Are Sections 30, 31, and 32 still active parts of the Limitation Act, 1908?

A) They are suspended

B) No, they have been repealed

C) Yes

D) Only Section 30 is active

100 / 100

What is the maximum time a police officer can detain a person arrested without a warrant (excluding journey time to the Magistrate)?

A) 12 hours

B) 72 hours

C) 24 hours

D) 48 hours

The average score is 0%

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Bar Council Full Model Test 10 English | 100 Marks 60 Min